Courts & Litigation
Just Security’s expert authors offer analysis and informational resources on key litigation impacting national security, rights, democracy, and the rule of law. Our content spans domestic and international litigation, from cases at the International Court of Justice, the International Criminal Court, and other international and regional tribunals, to those in U.S. courts involving executive branch actions, transnational litigation, and more.
2,854 Articles

Azerbaijan’s Aliyev Extends Arbitrary Detentions Even as He Prepares to Host Global Climate Conference COP29
Gubad Ibadoghlu's case represents a trend of falsely imprisoning human rights defenders that casts a shadow on a premier annual gathering.

The ICC’s Use of Evidence Obtained by Torture Sets a Dangerous Precedent
The Court’s recent conviction of Al Hassan undermines the connective tissue binding criminal law to human rights standards.

A Synopsis of ICJ Finding Israel’s Occupation of Palestinian Territory in Violation of International Law
Israel must end its occupation of Palestinian territory, the International Court of Justice said in an advisory opinion.

The Just Security Podcast: An Innovative Lawsuit Links Social Media Companies to Mass Shootings
Paul Barrett discusses the novel case and its potential impact on legal efforts to hold social media companies liable for mass shootings.

Robert Menendez Guilty: The Significance of the First ‘Foreign Agent’ Conviction of a U.S. Senator
Senator Robert Menendez (D-NJ) racked up 16 felony convictions on Tuesday, delivering a fatal blow to his three-decade long career in the U.S. Congress. Menendez signaled that…

Time for U.S. Intelligence to Ask: How Did We Alienate so Many Americans?
"Two years before the next round of debate over Section 702, an earlier, deeper, and more wide-ranging conversation needs to take place between the intelligence and civil liberties…

Sweeping ICC Sanctions Bill Would Harm Victims, U.S. Interests
After months of warnings, the International Criminal Court (ICC) prosecutor announced on May 20 that he was seeking arrest warrants against top Israeli officials and Hamas commanders…

Three Flaws in the Supreme Court’s Decision on Presidential Criminal Immunity
Three major flaws in the Trump v. United States majority opinion derive from the Court’s failure to examine and differentiate the source and scope of presidential power -- whether…

How ‘Economic Security’ is Re-shaping Presidential Power
Linking of “foreign commerce” to “economic security” has dangerously blurred authority that Congress has delegated to the executive branch.

Judge Cannon Finds Special Counsel Unconstitutional in Trump Classified Documents Case: What’s Next for Jack Smith?
Judge Aileen Cannon found that Attorney General Merrick Garland had no power to appoint Jack Smith as a special counsel, dismissing the case.

We Charge Genocide: Redux
What we can name and render cognizable and what we must un-remember and forcefully forget is deeply connected to the numerous atrocities embedded in the international order.

The Supreme Court Seemed to Punt on Social Media and the First Amendment. It Actually Protected Content Moderation.
The NetChoice ruling points to increased oversight by using narrow disclosure laws to shed light on how social media companies operate.